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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Landlord - Tenant and Real Estate Law for Louisiana on
Q: Hellos is it legal for our rent to own landlord to have us sign that we waive our rights if there was mold here

Black Mold found after signing lease

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2022

A Louisiana attorney could advise best, but your question remains open for a week. Until you speak with a local attorney, many courts nationwide do not look kindly on the idea of waiving liability for injury in general. It could depend on how a waiver was written. Good luck

1 Answer | Asked in Tax Law and Real Estate Law for Louisiana on
Q: I have a property I would like to purchase but is having a hard time getting the tax sale purchase to sale

At the time of the auction the owner had died and her heirs wasn't aware of the sale but is willing to sale to me but can't because the tax sale has 100% but hasn't quiet the title.I have offered him cash and still won't sale he doesn't live in state and the property is now... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

If this property is in Louisiana and you are not in Louisiana and this property is going up for a tax sale, then I strongly recommend that you contact and hire a Louisiana real estate attorney practicing in the local jurisdiction where the tax sale is being held so that you can make sure that all... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Banking and Collections for Louisiana on
Q: I'd I owe a credit card company money and I sell my house does the title company have to pay the debt off before me?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 21, 2022

The title company's job is to clear your title prior to the conveyance. If there is no judgment lien prior to closing, it may not get paid and released. Then the creditor would probably try to collect from your bank.

1 Answer | Asked in Contracts and Real Estate Law for Louisiana on
Q: Would the children of deceased parent be responsible for 5k lien against her 90k house?

Succession is complete. House is in children names.

Loan was for pool in Aug 2016. Lien was put on house at same time. Price of pool $10,655.54. Down-payment of $5,000. Oringinal principal financed $5,655.54.Payments totaled $7,701.49. Remaining principal balance when she passed in Feb.... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 20, 2022

Did you have an attorney involved in the succession? If so, please speak to the attorney about this. If the lien was not resolved through the succession , then the property was transferred subject to the lien so if at the the time the house sales there is a valid lien, then the lien must be... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I am looking for property to buy only have about 30,000 but don't know what steps to take ..do I need a realtor
Anthony M. Avery
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Anthony M. Avery
answered on Sep 15, 2022

Find the property yourself or call a realtor. But before signing a contract, hire an attorney to search the title and check it out. Many times it is better to walk away than get stuck .

1 Answer | Asked in Real Estate Law for Louisiana on
Q: forced sale of prop. by 2 heirs all defendants were included now paperwork says 3 indiv. will be addressed later why?

It was my grandparents' home in Louisiana, two siblings sued their 2 remaining siblings and the heirs of their deceased siblings. Originally all the defendants were named as being" sued to force a sale...We received the final judgment to force the sale however now the defendants with the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 31, 2022

The Court must determine Title, and apparently it has found another Tenant In Common. There will be further Orders from the Court after the Sale concerning Confirming the Sale, Authorizing the Conveyance, and Disbursing the net proceeds, etc. Apparently all Heirs were not originally joined.

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Louisiana on
Q: Hello , I want to find out if the HOA every year it seems is asking the owners to pay for all of these projects

Hello, the HOA that over my residence just had new carpet install in the building , with new furniture , and fixed the drive way . The HOA told all the owners to pay 1,600 for the new carpet in January of this year . Now the HOA wants all the owners to pay 2,000 in January 23 because they are... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 22, 2022

A review of your governing documents which describe the steps the Board/HOA has to follow in order to make these assessments is needed. Since you have multiple property owners worried about this, I recommend that a group of you contact an HOA or real estate lawyer to do this----said lawyer would... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: My neighbor has encroached about 1/4 acre of my property. What do I do?

We do not know how to approach them with this. Their carport and all of their yard on the side of their house is my property. Do I offer to sell? Do I need to go ahead and file charges for trespassing? We do have no trespassing signs.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 16, 2022

That appears to be a Boundary Dispute. Hire a LA attorney to search both adjoining owners titles. The common boundary may need a Survey, where the Surveyor would be your prospective witness. Then file suit to Determine the Boundary. This is difficult and expensive, but if you do nothing, you... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: Ok my fiancee's parents died in a car wreck 2 yrs ago she just finished to get rn license in Florida and I'm in Louisian

I was contacted by lawyer saying he needed a Sworn Affidavit of Oath of Kinship proceeded saying something about Georgia which I'm assuming that's where he is and needed 400 and something dollars. I said I needed some legal documentation and his response was

Sir any... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 4, 2022

Sounds like a scam to me, and or you are not entitled to anything. Or this is one of the services which supposedly finds unclaimed money and seeks to locate the rightful recipient of the money for a finder's fee---that said, they usually do not require money up front-----if you believe there... Read more »

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Louisiana on
Q: My family is needing a succession to clear up some property in Louisiana. It is 9 involved. What's the process
James Scott Ruel
James Scott Ruel
answered on Jun 17, 2022

Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: I recently received property from an act of donation

Is the property fully mine now or does the person who donated still have any legal rights?

I looked at the clerk of courts office page online and it’s listed as the person being the vender and me the vendee? So does that mean it’s not mine and the person still legally owns the place?... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 6, 2022

One would need to review the donation document to better answer, however assuming that the donation was properly prepared and executed and that donor owned 100% of the property and transferred (donated) 100% of his interest, then yes, it would be fully yours. I am not sure what you mean by deed,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: If the property owner dies without owing property taxes,heirs aren't notified of future delinquencies, city sell propert

Property sold at the ax lien sale, can anything be done about this?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 20, 2022

There should be a Redemption period, but it may have already run. Contact a LA attorney today with the exact facts to see if the Heirs can get the property back.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: A property has a gravel road labeled as servitude of passage. Who is the dominant? What if the dominant won’t allow me
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 19, 2022

Dominant Estate is the property getting the benefit of passage, access, etc. Servient Estate is the property with the road/path over it. You may need to hire a LA attorney for Easement problems.

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Say we've been living here 43 Years my self since I been born my mother was born here

So my question is canI apply for adverse possession

Jacob Rennick
Jacob Rennick
answered on Apr 29, 2022

Several factors go into obtaining title via adverse possession. Certainly you are over the time period required by Louisiana Law, but if the actual owner has given you permission to live there, you will not likely prevail. You should speak to an experienced real estate attorney that can evaluate... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How to obtain ownership of property that was sold to a third party?

My mother and her sister have a real estate agreement where earnest money was put down and a payment plan was to be completed to transfer ownership of the property. Her sister stopped all communication and did not take the last payment and sold the property to someone else after my mother made... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

Double-post. This is too complicated to respond to on this type forum--also, additional information is needed to properly respond. You need to immediately contact a lawyer in your area and bring the paperwork/agreement to a meeting with the lawyer and specifically discuss your situation and obtain... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How to obtain ownership of property that was sold to a third party?

My mother and her sister have a real estate agreement where earnest money was put down and a payment plan was to be completed to transfer ownership of the property. Her sister stopped all communication and did not take the last payment and sold the property to someone else after my mother made... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 9, 2022

This is too complicated to respond to on this type forum--also, additional information is needed to properly respond. You need to immediately contact a lawyer in your area and bring the paperwork/agreement to a meeting with the lawyer and specifically discuss your situation and obtain your... Read more »

1 Answer | Asked in Real Estate Law for Louisiana on
Q: My mother had a acre of land… she passed… now it went to me can I put a mobile home on it

Grandma had 10 kids.. each received a acre of land.. my mother passed… now it went to me and my brother…. Can I put a mobile home on my part… land was surveyed few years ago

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 23, 2022

If the zoning and land restrictions/use for the property allows you to do so, then yes you can.

1 Answer | Asked in Estate Planning and Real Estate Law for Louisiana on
Q: Can I gift my mortgaged house to my daughter now, (pre death), to avoid probate or other issues after my death?

I am currently making a will/trust who names my daughter as beneficiary of my property, however, I am unclear about a mortgaged property and how it is handled.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 21, 2022

There are potential income and tax consequences depending on when you make the transfer and how you accomplish this----as such, I recommend that you at a minimum, seek a consultation with an estate planning attorney to discuss your objectives and how to accomplish them---and if, after meeting with... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Louisiana on
Q: I need to file a motion for new trial in orleans parish civil court

I need representation to file the motion for new trial. Judge says I cannot represent my business.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 17, 2022

Don't know what the question is.

1 Answer | Asked in Family Law and Real Estate Law for Louisiana on
Q: My husband died in 2012 left land and a house am i entitled to it. the location is in Ga.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 8, 2022

If it was purchased during the marriage, you own 1/2. Contact a successions lawyer.

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